Estonia: Information on police brutality, abuse of process, detention without charges, and sexual abuse of female prisoners by police
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 September 1993 |
| Citation / Document Symbol | EST15335.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Estonia: Information on police brutality, abuse of process, detention without charges, and sexual abuse of female prisoners by police, 1 September 1993, EST15335.E, available at: https://www.refworld.org/docid/3ae6acfd84.html [accessed 3 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The Estonian constitution and laws forbid the practice of torture and other cruel, inhuman, or degrading treatment or punishment, as well as arbitrary arrests, detention and exile. There are no known cases of the authorities indulging in such activities (Country Reports 1992 1993, 763). During the Soviet era, the harsh treatment of prisoners during interrogation and confinement, physical and psychological abuse, overcrowding and detention under unhealthy conditions were the norm. According to the source, these conditions have been improved to some extent today (Ibid.). The source mentions that the government continues to address the issue of prisoners' accommodation and defendants' rights (Ibid.).
The source explains that under the new constitution, a person can be held for only 48 hours without charge and that further detention requires an order from a court (Ibid.). However, a person can be held for two months in pretrial detention, which may be extended up to a total of nine months, also by the authorization of a court (Ibid.). As a result of a poorly trained police force, which is being rebuilt and reorganized, there are occasional violations of these requirements pertaining to defendants (Ibid.).
Some of the efforts towards reorganizing the system include making criminal procedures and the rights of defendants part of the curriculum at the Estonian Public Safety Academy, which trains supervising police officers (Ibid., 763). The Estonian parliament has also adopted the revised Code of Criminal Procedures, which went into effect in July 1992 (Ibid., 764). According to the source, this code clarifies criminal law procedures and provides clearly stated protection for suspects in criminal cases (Ibid.).
The Lawyers Committee for Human Rights also notes that the judicial, constitutional and legal reforms introduced in Estonia, although uneven, have been very impressive (July 1993, 113). The source believes that if these reforms are fully implemented they will enhance the protection of human rights (Ibid.). Again, the source notes that human rights violations are difficult to monitor in Estonia and human rights groups have not been able to pinpoint other outright violations of specific international human rights (Ibid., 115).
The 1992 Country Reports states that notwithstanding the government efforts, prison conditions and facilities in Estonia are not beyond criticism (1993, 764). The prisons are overcrowded, undermaintained and in a general state of disrepair, but the government blames the existence of these conditions on the lack of resources (Ibid.).
The constitution prohibits discrimination on the basis of sex, and women and men enjoy the same legal rights (Ibid., 766). According to the same source, Estonian women do not talk openly about their problems (Ibid.). There are no statistics on violence against women and in any case, the subject is not talked about publicly (Ibid.). There are no active or effective women's groups to claim women's rights (Ibid.). The sources consulted did not differentiate between conditions for female and male defendants or prisoners.
The BBC, in a report of 5 March 1992, discusses the nature of police relations with sailors at the Tallinn naval base. The local police detain sailors reportedly for no reason and charge them with offenses unrelated to the activities. Those arrested in this particular instance were Russians. Another report by the BBC cites an incident in which a member of parliament was reportedly detained, thus violating his immunity as a member of parliament (4 Aug. 1993). Yet another BBC report dated 31 August 1993, quotes a letter of complaint written by the trade union committee of a power station. The committee demanded an apology for the behaviour of Estonian police during a raid on the power station. The sources in the above-named examples only link police behaviour to communities as a whole. This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
BBC Summary of World Broadcasts. 31 August 1993. "Workers at Narva Power Station Protest at Police Search for Weapons." (NEXIS)
. 4 August 1993. "Developments Concerning Breaking Infantry Company." (NEXIS)
. 5 March 1992. "Poor Conditions for Servicemen in Tallin Described." (NEXIS)
Lawyers Committee for Human Rights. July 1993. Critique: Review of the U.S. Department of State's Country Reports on Human Rights Practices for 1992. New York: Lawyers Committee for Human Rights.
Country Reports on Human Rights for 1992. 1993. US Department of State. Washington, DC: US Government Printing Office.
Attachments
BBC Summary of World Broadcasts. 31 August 1993. "Workers at Narva Power Station Protest at Police Search for Weapons." (NEXIS)
. 4 August 1993. "Developments Concerning Breaking Infantry Company." (NEXIS)
. 5 March 1992. "Poor Conditions for Servicemen in Tallin Described." (NEXIS)
